Quinones v. Board of Education

Appellate Division of the Supreme Court of New York

Quinones v. Board of Education

248 A.D.2d 696, 670 N.Y.S.2d 333, 1998 N.Y. App. Div. LEXIS 3436

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 30, 1998

StatusPublished

Cited by4 cases

This text of 248 A.D.2d 696 (Quinones v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quinones v. Board of Education, 248 A.D.2d 696, 670 N.Y.S.2d 333, 1998 N.Y. App. Div. LEXIS 3436 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated March 3, 1997, which, inter alia, granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The 13-year-old plaintiff allegedly sustained injuries when he tripped and fell on a small rock on the ground of a park adjacent to a school in Staten Island.

The Supreme Court properly granted the defendant’s cross motion for summary judgment. The plaintiff failed to raise any triable issues of fact (see, CPLR 3212 [b]) with regard to his claim that his alleged injuries were proximately caused by the defendant’s negligence in maintaining the subject premises or in supervising the plaintiff. In addition, the cross motion was properly granted notwithstanding the fact that discovery had not yet been completed, since “there was only hope and speculation as to what additional discovery would uncover in the pres[697]*697ent situation” (Mazzaferro v Barterama Corp., 218 AD2d 643, 644).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated March 3, 1997, which, inter alia, granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The 13-year-old plaintiff allegedly sustained injuries when he tripped and fell on a small rock on the ground of a park adjacent to a school in Staten Island.

The Supreme Court properly granted the defendant’s cross motion for summary judgment. The plaintiff failed to raise any triable issues of fact (see, CPLR 3212 [b]) with regard to his claim that his alleged injuries were proximately caused by the defendant’s negligence in maintaining the subject premises or in supervising the plaintiff. In addition, the cross motion was properly granted notwithstanding the fact that discovery had not yet been completed, since “there was only hope and speculation as to what additional discovery would uncover in the pres[697]*697ent situation” (Mazzaferro v Barterama Corp., 218 AD2d 643, 644).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.

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Bluebook (online)

248 A.D.2d 696, 670 N.Y.S.2d 333, 1998 N.Y. App. Div. LEXIS 3436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinones-v-board-of-education-nyappdiv-1998.

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